R C SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner has challenged the order dated 7th February, 2002 in O.A No.2408/1999 titled Sh.R.C.Sharma v. Union of India and Ors passed by the Central Administrative Tribunal, Principal Bench whereby petitioner's original application impugning the disciplinary authority order dated 31st July, 1998 and Appellate Authority's order dated 17th February, 1999 was dismissed.

(2.) The petitioner was recruited as a Postal Clerk and on completion of 16 years of service he was first promoted under time bound scheme and thereafter on completion of 26 years of service he was given second time bound promotion in October, 1991.

(3.) During the period September, 1995 to February, 1996 the petitioner was working as Assistant Post Master, Post Office, Agra. While working as an Assistant Post Master, Post Office, Agra allegations were made against him that he allowed remittance to SPM, Idgah Colony, Post Office, Agra on fake liabilities and improper demand which resulted into double payment of National Saving Certificates/Kisan Vikas Patras at Idgah Post Office, Agra amounting to Rs.5,96,270/-. Consequent to the allegations made against the petitioner a memo of imputation under Rule 16 of CCS (CCA) Rules was served upon the petitioner and an enquiry was initiated against him. During the enquiry proceedings the petitioner requested for some documents and respondent No.4 Senior Superintendent of Post Office, Agra division partly allowed the inspection of the documents on 29th June, 1998. Pursuant to the enquiry initiated against the petitioner after considering the statement of defence and other materials on record and the chargesheet dated 29th April, 1998 disciplinary authority imposed the penalty of recovery of Rs.79,200/- in 36 equal installments of Rs.2200/- from the pay of the petitioner. An appeal preferred by the petitioner to the Director, Postal Service, Agra region, Agra was also dismissed by the Appellate Authority on 17th February, 1999. Aggrieved by the order of the disciplinary authority and the appellate authority, the petitioner filed an original application bearing No.2408/1999 titled R.C.Sharma v. Union of India before the Central Administrative Tribunal, Principal Bench, New Delhi on 28th October, 1999 which was also dismissed by order dated 7th February, 2002 which is impugned before this Court in this writ petition under Article 226 of the Constitution of India. A review petition was also filed by the petitioner being RA No.74/2002 which was also dismissed by order dated 1st April, 2002 by the Principal Bench, Central Administrative Tribunal. Before the Tribunal the order of the disciplinary authority and the appellate authority was challenged primarily on the ground that the appellate authority has himself held that the remittance on the relevant dates had been rightly ordered and remittance was rightly done by the petitioner, therefore, he could not be held guilty of double payment as his responsibility was confined to make remittance to the Idgah Colony, Post Office and not for its actual disbursement by the postal authorities. The Tribunal, however, rejected the plea of the petitioner holding that the petitioner had the cash in hand held by SPM, Idgah Colony, Post Office which had been checked by the petitioner with reference to relevant documents from time to time when remittance was sought and consequently without the involvement of the petitioner double payment could not have been facilitated.